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(a) Except as otherwise more specifically provided in the franchise agreement or elsewhere in these Codified Ordinances, the grantee shall maintain a local office or offices to provide the necessary facilities, equipment and personnel to comply with the following consumer protection standards under normal operating conditions and those set forth by the FCC:
(1) Cable system office hours and telephone availability.
A. The grantee will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers twenty-four hours a day, seven days a week.
1. Trained grantee representatives will be available to respond to customer telephone inquiries during upon application by the grantee pursuant to the provisions of applicable State and Federal law and of this chapter.
2. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained grantee representative on the next business day.
B. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty seconds. These standards shall be met no less than ninety percent of the time under normal operating conditions, measured on a quarterly basis.
C. The grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless an historical record of complaints indicates a clear failure to comply.
D. Under normal operating conditions, the customer will receive a busy signal less than three percent of the time.
E. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located at locations to be chosen by the grantee.
(2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five percent of the time, measured on a quarterly basis:
A. Standard installations will be performed within seven business days after an order has been placed.
B. Excluding conditions beyond the control of the grantee, the grantee will begin working on service interruptions promptly and in no event later than twenty-four hours after the interruption becomes known. The grantee must begin actions to correct other service problems the next business day after notification of the service problem.
C. At the subscriber's request, the appointment window alternatives for installations, service calls and other installation activities will be within a two to four-hour time block during normal business hours. (The grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)
D. The grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
E. If the grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time that is convenient for the customer.
(3) Communications between grantee and cable subscribers.
A. Notifications to subscribers.
1. The grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers and at any time upon request:
a. Products and services offered;
b. Prices and options for programming services and conditions of subscription to programming and other services;
c. Installation and service maintenance policies;
d. Instructions on how to use the cable service;
e. Channel positions programming carried on the system; and
f. Billing and complaint procedures, including the address and telephone number of the Village's cable office.
2. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty days in advance of such changes if the change is within the control of the grantee. In addition, the grantee shall notify subscribers thirty days in advance of any significant changes in the other information required by the preceding paragraph. Notwithstanding the foregoing, the grantee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, a franchise fee or any other fee, tax, assessment or charge of any kind imposed by any Federal agency, the State or the grantor on the transaction between the grantee and the subscriber.
B. Billing.
1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
2. In case of a billing dispute, the grantee must respond to a written complaint from a subscriber within thirty days.
C. Refunds. Refund checks will be issued promptly, but no later than either:
1. The customer's next billing cycle following resolution of the request or thirty days, whichever is earlier; or
2. The return of the equipment supplied by the grantee if service is terminated.
D. Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.
(Ord. 1997-5. Passed 5-6-97.)
(a) Policy.
(1) The cable operator should be permitted the option and autonomy to first resolve citizen complaints without delay and interference from the franchising authority.
(2) Where a given complaint is not addressed by the cable operator to the citizen's satisfaction, the Complaint Officer should intervene as indicated in paragraph (c)(7) hereof.
(3) These Standards are intended to be of general application. However, the cable operator shall be relieved of any obligation hereunder if it is unable to perform due to a region-wide natural emergency or in the event of a force majeure condition affecting a significant portion of the franchise area. The cable operator is free to exceed these Standards to the benefit of its customers, and such shall be considered performance for the purposes of these Standards.
(b) Definitions. As used in this section:
(1) "Normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours as indicated under paragraph (c)(2) hereof.
(2) "Normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, work stoppages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
(3) "Service interruption" means the loss of picture or sound on one or more cable channels.
(c) Customer Service.
(1) Courtesy. All employees of the cable operator shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers.
(2) Accessibility.
A. The cable operator shall maintain a local business office in a convenient location with a telephone listing for the purpose of offering the following services to customers who come to the local business office: bill payment, faulty equipment exchange, processing of change of service requests and response to customers' inquiries. This local business office shall be open from Monday through Friday (holidays excluded) from 8:00 a.m. to 6:00 p.m., and from 9:00 a.m. to 1:00 p.m. Saturday. The cable operator shall also provide full exchanges of equipment at a customer's premises.
B. The cable operator shall maintain local or toll-free telephone access lines that shall be available twenty-four hours a day, seven days a week, for service/repair requests and billing inquiries.
C. The cable operator shall have dispatchers and technicians on call twenty-four hours a day, seven days a week, including legal holidays. No extra charge shall be made to the subscriber for the availability of this service.
D. The cable operator shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to service/repair and billing inquiry lines are answered by a customer service representative within thirty seconds, and that any transfers are made within thirty seconds. These standards shall be met no less than ninety percent of the time, measured quarterly.
(3) Responsiveness.
A. Guaranteed seven-day residential installation.
1. The cable operator shall complete all standard customer installations requested by customers within seven business days after the order is placed, unless a later date for installation is requested. Standard customer installations are those located up to 125 feet from the existing distribution system. If the customer requests a nonstandard customer installation, or the cable operator determines that a nonstandard customer installation is required, the cable operator shall provide the customer, in advance, with a total installation cost estimate and an estimated date of completion.
2. All underground cable drops from the pedestal to the home shall be buried at a depth of no less than eight inches, and within no more than two calendar weeks (weather permitting) from the initial installation, or at a time mutually agreed upon by the cable operator and the customer.
B. Residential installation and service appointments.
1. Customers requesting installation of cable service or service to an existing installation may choose any of the following blocks of time for the installation appointment: 8:00 a.m. to 12:00 noon; 12:00 noon to 4:00 p.m.; 4:00 p.m. to 8:00 p.m.; or a four-hour block of time mutually agreed upon by the customer and the cable operator. The cable operator may not cancel an appointment with a customer after 5:00 p.m. on the day before the scheduled appointment, except for appointments scheduled within twelve hours after the initial call.
2. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
3. If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted and notified as soon as it is apparent that the appointment will be missed. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
4. The cable operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of such notification is kept by the cable operator. In such circumstances, the cable operator shall attempt to contact the customer within forty-eight hours.
C. Residential service interruptions.
1. In the event of system outages (loss of reception on all channels) resulting from cable operator equipment failure affecting three or more customers, the cable operator shall respond to such failure within two hours after the third customer call is received.
2. All other service interruptions resulting from cable operator equipment failure shall be corrected by the cable operator by the end of the next calendar day.
3. The cable operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the cable operator's actions in response to those complaints. These files shall remain open to the franchising authority during normal business hours upon request.
4. All service outages and interruptions for any cause beyond the control of the cable operator shall be corrected within thirty-six hours after the conditions beyond its control have been corrected.
D. Television reception.
1. The cable operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC"). The cable operator shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between 12:00 midnight and 6:00 a.m. of the following day.
2. If a customer experiences poor video or audio reception attributable to the cable operator's equipment, the cable operator shall repair the problem no later than the day following the customer call. If an appointment is necessary, the customer may choose the same blocks of time described in paragraph (c)(3)B.1. hereof. At the customer's request, the cable operator shall repair the problem at a later time convenient to the customer.
E. Treatment of property.
1. The cable operator shall keep trimming to a minimum. Trees and shrubs or other landscaping that are damaged by the cable operator, an employee or agent during installation or construction shall be restored to their prior condition or replaced. Trees and shrubs shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise agreement.
2. The cable operator shall, at its own cost and expense, and in a manner approved by the property owner and the franchising authority, restore any property to as good a condition as it was before the work causing such disturbance was initiated. The cable operator shall repair or replace any damaged property or shall compensate a property owner for any damage resulting from the cable operator's installation, construction, service or repair activities.
3. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the cable operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed, provided that in the case of construction operations, such notice shall be delivered or provided at least twenty-four hours prior to entry. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law. If damage is caused by any cable operator activity, the cable operator shall reimburse the property owner 100 percent of the cost of the damage or replace the damaged property. For the installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. In the case of an emergency, the cable operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event that personal contact is not made.
4. The cable operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly.
(4) Customer information.
A. Upon installation, and at any time the customer may request, the cable operator shall provide the following information in clear, concise written form:
1. Products and services offered by the cable operator, including its channel lineup;
2. The cable operator's complete range of service options and the prices for these services;
3. These Standards, and any other applicable customer service standards;
4. Instruction on the use of cable television service and on a standard VCR hookup;
5. The cable operator's billing, collection and disconnection policies;
6. Customer privacy requirements;
7. All applicable complaint procedures, including complaint forms and the telephone numbers and mailing addresses of the cable operator, the FCC and the franchising authority to whom the complaints should be addressed;
8. The use and availability of A/B switches;
9. The use and availability of a parental control/lock-out device;
10. Special services for customers with disabilities; and
11. Days and times of operation and locations of service centers.
B. The cable operator shall provide customers with written notification of any change in rates, programming or channel positions, at least thirty days before the effective date of such change.
C. Each customer service representative, technician or employee of the cable operator, in each contact with a customer, shall state the estimated cost of the service, repair or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed.
(5) Customer privacy.
A. The cable operator shall not monitor cable television signals to determine the individual viewing patterns or practices of any customer without prior written consent from that customer, except as otherwise permitted by the franchise or applicable law.
B. The cable operator shall not sell or otherwise make available customer lists or other personally identifiable customer information without prior written customer consent, except as otherwise permitted by the franchise or applicable law. The cable operator is permitted to disclose such information if such disclosure is necessary to render or conduct a legitimate business activity related to a cable service or other service provided by the cable operator to its customers.
(6) Billing.
A. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
B. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty days.
C. Refund checks will be issued promptly, but no later than either:
1. The customer's next billing cycle following resolution of the request or thirty days, whichever is earlier, or
2. The return of the equipment supplied by the cable operator if service is terminated.
D. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.
(7) Complaint procedures.
A. Any verbal, telephonic or written complaint relating to the quality or continuity of service shall be attended to within a normal service interval. In the event that such complaints are not responded to or service is not restored to the levels required by the FCC or by the terms of this chapter during said normal service interval, the subscriber shall be entitled to a rebate of his or her monthly service charge or twenty dollars ($20.00), whichever is greater, for the missed appointment. This provision shall not apply if such delay is occasioned because of an act of God, a strike, a national emergency or any other circumstance beyond the control of the cable operator. Similarly, this provision shall not apply to service requests or complaints pertaining to television set malfunction or any other breakdown not related to the operation of the cable television system. The Village Complaint Officer, provided for in paragraph (c)(7)C. hereof, shall be responsible for invoking said penalty upon receiving a written subscriber complaint. The Complaint Officer shall hold a hearing on such complaint, to be conducted in the manner prescribed in and otherwise governed by paragraph (c)(7)C. hereof.
B. The cable operator shall establish procedures for receiving, acting upon and resolving subscriber complaints. The cable operator shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system. In addition, the cable operator shall maintain a written record, printout or log, listing dates and times of customer complaints, identifying the subscriber and describing the nature of the complaints and when and what action was taken by the cable operator in response thereto. Such records shall be kept for a period of three years at the cable operator's local office, reflecting the operations to date, subject to applicable laws regarding subscriber privacy, and shall be available for inspection during regular business hours.
C. The Mayor or a designee shall serve as the Village Complaint Officer, with primary responsibility for the continuing administration of complaint procedures hereunder. Any subscriber, user, programmer or other interested person who has a complaint regarding the quality of cable television service, equipment malfunctions, billings or any other matter, which remains unresolved for thirty days after it has been brought to the cable operator's attention, may file a complaint, in writing, with the Complaint Officer. Upon the filing of such a complaint, said Complaint Officer shall notify the cable operator and make an investigation to determine whether or not there is probable cause to credit the allegations. If the Complaint Officer determines after such investigation that there is probable cause to credit the allegations of the complaint, the Complaint Officer shall notify the cable operator and the complainant and promptly endeavor to resolve the matter by conciliation and persuasion. In the event that the Complaint Officer is unable to obtain conciliation within a reasonable time, the matter shall be promptly set for a hearing where all parties may give evidence and the merits of the dispute will be decided. The Complaint Officer shall make the decision public, along with a statement reciting the basis therefor. Within thirty days thereafter, either the cable operator or the complainant may appeal to the Council, in writing, the decision rendered by the Complaint Officer. At the appeal hearing, the aggrieved party may contest the findings of fact or interpretation of controlling law, at which time the Council may affirm, reject or modify the decision of the Complaint Officer. The affirmance, rejection or modification of said decision by the Council shall be final.
D. Where there have been similar complaints made, or when there exists other evidence which, in the judgment of the Complaint Officer, casts doubt on the reliability or quality of cable service, the Complaint Officer shall have the right and authority to compel the cable operator to test, analyze and report on the performance of the system. Such report shall be delivered to the Complaint Officer no later than fourteen days after said Officer formally notifies the cable operator and shall include the following information: the nature of the complaints which precipitated the special tests, what system component(s) were tested; the equipment used; procedures employed in resolving said complaints, if applicable; and any and all additional information deemed relevant by the Complaint Officer.
E. Said tests and analyses shall be supervised by a registered professional engineer not on the permanent staff of the cable operator and selected by the Village. The aforesaid engineer shall sign all records of special tests and forward to the Complaint Officer such records with a report interpreting the results of the tests and recommending action to be taken by the Village.
F. The cable operator shall notify each subscriber at the time of initial installation of the name and address of the Village Complaint Officer and of the procedures contained in this section.
(d) Customer Dissatisfaction With Any Service. Any customer who requests disconnection of cable service or of any particular programming service previously ordered shall have disconnection effective on the day such request is made. The customer will not be charged thereafter for any service disconnected and, in the case of a service for which the customer has prepaid, the customer shall promptly be provided a credit for, or sent a refund of, the unused portion of the prepaid amount.
(e) Safety. The cable operator shall install and locate its facilities, cable system and equipment in compliance with all Federal, State, local and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever the cable operator receives notice that an unsafe condition exists with respect to its equipment, the cable operator shall investigate such condition immediately and shall take such measures as are necessary to remove or eliminate such unsafe condition.
(Ord. 1997-5. Passed 5-6-97.)
(a) The Village reserves the right to regulate rates for basic cable service and any other services offered over the cable system, to the extent permitted by Federal or State law. The grantee shall be subject to the rate regulation provisions provided for herein and those of the Federal Communications Commission (FCC) at 47 C.F.R., Part 76.900, Subpart N. The Village shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.
(b) The grantee shall offer a senior citizen discount to all eligible subscribers, upon proof of age, as specified in the franchise agreement. Such discount may be added into the rate regulation calculation as a requirement of the franchise.
(c) Nothing herein shall prohibit the grantee from offering discounts or other promotions to other subscribers.
(d) Nothing herein shall prohibit the temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns.
(e) The grantee shall offer broadcast basic service, which will consist of, at a minimum, all local, over-the-air broadcast channels and PEG channels, plus an electronic program channel guide, and which will not require a converter for cable-ready TVs and VCRs for such service.
(f) The grantee shall guarantee that installations and service calls will be performed during the time period agreed upon with the subscriber, or subscriber remuneration will be provided as specified in the franchise agreement.
(Ord. 1997-5. Passed 5-6-97.)
(a) Following the issuance and acceptance of a franchise, and as compensation for the benefits and privileges granted under the franchise, and in consideration of permission to use the grantor's street and rights-of-way, the grantee shall pay to the grantor a franchise fee based upon the grantee's annual gross revenues in the amount set forth in the franchise agreement.
(b) The grantor, on an annual basis, shall be furnished with a statement within 120 days of the close of the calendar year, certified by an officer of the grantee or audited by a certified public accountant, reflecting and attesting to the total amounts of gross annual revenues and all payments and computations for the previous calendar year. At any time and upon thirty days prior written notice, and no more than once per calendar year, the grantor shall have the right to conduct an independent audit of the grantee's records, in accordance with generally accepted accounting principles, and if such audit indicates a franchise fee underpayment of five percent or more, the grantee shall assume all reasonable costs of such an audit.
(c) Except as otherwise provided by law, no acceptance of any payment by the grantor shall be construed as a release or as an accord and satisfaction of any claim the grantor may have for further or additional sums payable as a franchise fee under this chapter or any franchise agreement or for the performance of any other obligation of the grantee.
(d) In the event that any franchise fee payment or recomputed amount is not made on or before the dates specified in the franchise agreement, the grantee shall pay as additional compensation an interest charge, computed from such due date, at an annual rate equal to the prime lending rate plus one and one-half percent during the period for which payment was due.
(e) In the event any payment is not received within thirty calendar days from its due date, the grantee shall further be assessed an additional amount, with regard to the payment, as set forth in Chapter 208 of the Administration Code (the General Fee Schedule). In the event any payment is not received within seventy-five calendar days from its due date, the grantee shall be assessed an additional amount, with regard to the payment, as set forth in Chapter 208 of the Administration Code (the General Fee Schedule). The grantee's liability for such amount in such cases shall not be subject to, but shall be in addition to, the remedies set forth in Section 814.20 for franchise violations and may be taken from the performance bond in accordance with Section 814.25.
(f) Franchise fee payments shall be made in accordance with the schedule indicated in the franchise agreement and shall be accompanied by a report in summarized form of the grantee's gross receipts during the period and the computation of the payment amount upon which revenues shall be listed by category, including, but not limited to, subscription revenues (such as basic and pay services), nonrecurring revenues (such as pay-per-view) and nonsubscriber revenues (such as advertising).
(g) The grantor represents that it is its intention to be able to charge up to the maximum amount of franchise fees allowed by law, which is presently set at five percent. This maximum may be amended during the term of the franchise by any higher maximum amount that may be set by FCC regulations or the Cable Act, as the same may be amended from time to time. The grantor may change the percentage to be set forth in the franchise agreement by ordinance or resolution of the grantor's Council and upon written notice to the grantee, as long as the same does not exceed the maximum amount the grantor is authorized to collect as allowed by law at the time of the change and as long as the grantor collects the same percentage from all other cable operators operating a cable television system in the franchise area. The grantee shall implement the change within sixty days of written notice of the same by the grantor.
(h) No term or condition in this chapter or the franchise agreement shall in any way modify or affect the grantee's obligation to pay franchise fees. Although the total sum of franchise fee payments and additional commitments set forth elsewhere in this chapter or in the franchise agreement may total more than the maximum allowable percentage of the grantee's gross revenues in any twelve-month period, the grantee agrees that the additional commitments are not franchise fees as defined under any Federal law, nor are they to be offset or credited against any franchise fee payments due to the grantor, nor do they represent an increase in franchise fees to be itemized as such on the subscriber's bill.
(i) Payment of the franchise fee under this chapter or the franchise agreement shall not exempt the grantee from the payment of any other license fee, tax, levy, assessment or charge on the business, occupation, services, property or income of the grantee which is or may hereafter be lawfully imposed on all entities engaged in the same business as the grantee.
(Ord. 1997-5. Passed 5-6-97.)
(a) Construction.
(1) Subject to applicable laws, regulations and ordinances of the grantor and the provisions of the franchise agreement and this chapter, the grantee may perform all construction necessary for the operation of its cable system. All construction and maintenance of any and all facilities within streets incident to the grantee's cable system shall, regardless of who performs the construction, be and remain the grantee's responsibility. The grantee shall apply for, and obtain, all generally applicable permits necessary for construction or installation of any facilities, and for excavating and laying any facilities, within the streets. The grantee shall pay all applicable fees upon the issuance of the requisite construction permits by the grantor to the grantee.
(2) Prior to beginning any construction, the grantee shall provide the grantor with a construction schedule for work in the streets. When the grantee's construction of facilities in the streets is completed, the grantee shall provide the grantor with a map showing the location of the installed facility in the streets, as built, in detail, excluding proprietary electronics. All as-builts shall be available at the grantee's local office for inspection.
(3) The grantee may make excavations in streets for any facility needed for the maintenance or extension of the grantee's cable system. Prior to doing such work, the grantee shall apply for, and obtain, generally applicable permits from the grantor, and give appropriate notices to any other franchisees, licensees or permittees of the grantor, or bureaus of the grantor, or other units of government owning or maintaining pipes, wires, conduits or other facilities which may be affected by the proposed excavation.
(4) In the event that emergency repairs are necessary, the grantee shall immediately notify the grantor of the need for such repairs. The grantee may initiate such emergency repairs and shall apply for appropriate permits within forty-eight hours after discovery of the emergency. The grantee shall comply with all applicable grantor regulations relating to such excavations or construction, including the payment of permit or license fees.
(b) Location of Facilities.
(1) Within forty-eight hours after any grantor franchisee, licensee or permittee notifies the grantee of a proposed street excavation, the grantee shall, at the grantee's expense:
A. Mark on the surface all of its locatable underground facilities within the area of the proposed excavation;
B. Notify the excavator of any unlocatable underground facilities in the area of the proposed excavation; or
C. Notify the excavator that the grantee does not have any underground facilities in the vicinity of the proposed excavation.
(2) In the event that all surfaces were accurately marked for underground facilities as requested and the grantee's plant was cut for whatever reason, then the grantor's franchisee, licensee or permittee shall be required to notify the grantee and pay for the repair of the grantee's plant.
(c) Restoration of Streets.
(1) Whenever the grantee disturbs the surface of any street for any purpose, the grantee shall promptly restore the street to at least its prior condition. When any opening is made by the grantee in a hard surface pavement in any street, such grantee shall promptly refill the opening and restore the surface to a condition reasonably satisfactory to the grantor.
(2) If the grantee excavates the surface of any street, such grantee shall be responsible for restoration of the street and its surface within the area affected by the excavation in accordance with applicable regulations of the Village. The grantor may, after providing notice and an opportunity to correct to the grantee, refill and/or repave any opening made by the grantee in the street, and the expense thereof shall be paid by the grantee. The grantor may, after providing notice and an opportunity to correct to the grantee, remove and/or repair any work done by the grantee which, in the determination of the grantor, is inadequate. The cost thereof, including the costs of inspection and supervision, shall be paid by the grantee. All excavations made by the grantee in the streets shall be properly safeguarded for the prevention of accidents. All of the grantee's work under the franchise agreement and this chapter, and this section in particular, shall be done in strict compliance with all rules, regulations and ordinances of the grantor.
(d) Maintenance and Workmanship.
(1) The grantee's cable system shall be constructed and maintained in such manner as not to interfere with sewers, water pipes or any other property of the grantor, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in the streets by, or under, the grantor authority.
(2) The grantee shall provide and use any equipment and appliances necessary to control and carry the grantee's signals so as to prevent injury to the grantor's property or property belonging to any person. The grantee, at its own expense, shall repair, renew, change and improve its facilities as listed above in good repair and in a safe and presentable condition.
(e) Acquisition of Facilities. Upon the grantee's acquisition of cable-related facilities in any grantor street, or upon the addition or annexation to the grantor of any area in which the grantee owns or operates any cable related facility, the grantee shall, at the grantor's request, submit to the grantor a statement describing all facilities involved, whether authorized by franchise, permit, license or other prior right, and specifying the location of all such facilities to the extent that the grantee has possession of such information. Such facilities shall immediately be subject to the terms of the franchise agreement.
(f) Reservation of Grantor Streets Rights. Nothing in the franchise agreement or this chapter, shall prevent the grantor or public utilities owned, maintained and/or operated by public entities other than the grantor from constructing sewers; grading, paving, repairing and/or altering any street; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of the grantee's cable system. However, if any of the grantee's system interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, such portion of the grantee's system shall be removed or replaced in the manner the grantor shall reasonably direct, and the grantor shall in no event be liable for any damage to any portion of grantee's cable system. Any and all such removal or replacement shall be at the expense of the grantee. Should the grantee fail to remove, adjust or relocate its facilities by the date established by the grantor's written notice to the grantee, the grantor may effect such removal, adjustment or relocation, and the reasonable expense thereof shall be paid by the grantee, including all reasonable costs and expenses incurred by the grantor due to the grantee's delay.
(g) Street Vacation. If any street or portion thereof used by the grantee is vacated by the grantor during the term of the franchise, then unless the grantor specifically reserves to the grantee the right to continue its installation in the vacated street, the grantee shall, without delay or expense to the grantor, remove or discontinue its use of its facilities in such street, restore, repair or reconstruct the street where removal has occurred, and replace the street to the condition in which it was found. In the event of failure, neglect or refusal of the grantee, after a time period to be negotiated by the grantor and grantee, to restore, repair or reconstruct such street, the grantor may do such work or cause it to be done, and the cost thereof may be collected by the grantor from the performance bond pursuant to Section 814.25(c).
(h) Discontinuing Use of Facilities. Whenever the grantee intends to discontinue using any facility within the streets, the grantee shall submit for the grantor's approval a complete description of the facility and the date on which the grantee intends to discontinue using the facility. The grantee may remove the facility or request that the grantor permit it to remain in place. Notwithstanding the grantee's request that any such facility remain in place, the grantor may require the grantee to remove the facility from above the street or modify the facility to protect the public health, welfare, safety and convenience, or otherwise serve the public interest. The grantor may require the grantee to perform a combination of modification and removal of any such above-ground facility. The grantee shall complete such removal or modification in accordance with a schedule set by the grantor. Until such time as the grantee removes or modifies the facility as directed by the grantor, or until the rights to and responsibility for the facility are accepted by another person having authority to construct and maintain such facility, the grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the street, in the same manner and degree as if the facility were in active use, and the grantee shall retain all liability for such facility.
(i) Hazardous Substances.
(1) The grantee shall comply with all applicable State and Federal laws, statutes, regulations, the National Electrical Safety Code, and orders concerning hazardous substances, relating to the grantee's cable system in the streets.
(2) The grantee shall maintain and inspect its cable system located in the streets. Upon reasonable notice to the grantee, the grantor may inspect the grantee's facilities in the streets to determine if any release of hazardous substances has occurred, or may occur, from or related to the grantee's cable system. In removing or modifying the grantee's facilities as provided in the franchise agreement or this chapter, the grantee shall also remove all residue of hazardous substances related thereto.
(3) The grantee agrees to forever indemnify the grantor against any claims, costs and expenses, of any kind, whether direct or indirect, incurred by the grantor arising out of release of hazardous substances caused by the grantee's cable system in the streets.
(j) Undergrounding of Cable. Existing facilities of the grantee's and existing portions of the grantee's cable system shall be placed underground at the grantee's expense when other utilities in the same rights-of-way place their facilities underground or when required of all utilities and persons by general ordinances of the grantor or applicable State or Federal law.
(k) Construction Codes. The grantee shall strictly adhere to all building and zoning codes currently or hereafter in effect. The grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property by any person. In the event of such interference, the grantor may require the removal or relocation of the grantee's lines, cables and other appurtenances from the property in question.
(l) Construction and Use of Poles.
(1) Whenever feasible, the construction, maintenance and use of the grantee's cable system shall comply with the standards of materials in engineering and all other provisions of a pole user agreement for use of poles, entered into by and between other pole users and the grantee. In the event that the grantee cannot obtain the necessary poles and allied facilities pursuant to the provisions of such an agreement, and only in such event, then it shall be lawful for the grantee to make all needed excavations in the streets for the purpose of placing, erecting, laying, maintaining, repairing and removing poles, conduits, supports for wires and conductors, and any other facility needed for the maintenance or extension of the grantee's cable system. All poles of the grantee shall be erected between the curb and the sidewalk, unless otherwise designated by the proper grantor authorities, and each pole shall be set whenever practicable at an extension lot line. The grantor shall have the right to require the grantee to change the location of any grantee-owned pole, conduit, structure or other facility within the streets when, in the opinion of the grantor, the public convenience requires such change, and the expense thereof shall be paid by the grantee.
(2) Nothing herein shall exempt the grantee from compliance with all Charter and ordinance provisions relating to such excavations or construction, or with any provision requiring payment of permit or license fees pertaining thereto.
(m) System Design. The grantee's cable system shall comply with the design and service requirements and schedules to be contained in the franchise agreement, the exhibits attached to the franchise agreement and all applicable laws and regulations. All of the grantee's construction and design shall be subject to the grantor's supervision and control, including, without limitation, the location of facilities, the placement of poles and the decision to underground any facilities. The grantee shall submit construction drawings and specifications for approval on all projects.
(n) Geographical Coverage. The grantee shall design and construct its cable system in such manner as to have the capability to connect and provide cable service to every single-family dwelling unit, multiple-family dwelling unit, school, library and Municipal agency within the franchise area, provided that any other cable provider should be required to do the same.
(o) System Upgrade Schedule.
(1) The grantee shall comply with the requirements of the system upgrade schedule to be contained in an exhibit of the franchise agreement.
(2) No less than thirty days prior to the start of construction in the franchise area, the grantee shall meet all applicable design and construction standards of the grantor and shall provide a detailed construction progress schedule and area construction maps. In addition, the grantee shall update this information upon request by the grantor on a quarterly basis, by submitting a copy of its normal internal progress reports, showing specifically whether schedules are being met and the reasons for any delay.
(p) Installation of New Cable System Underground. All new or upgrade cable system facilities shall be installed underground where existing undergrounded utility facilities exist, but may be installed on existing utility poles where aerial facilities currently exist. In areas where no poles exist, the grantee shall place its facilities underground, and the grantee shall move existing facilities underground whenever all other utilities go underground.
(q) Prewiring. Any law of the grantor which requires prewiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for cable systems.
(r) Undergrounding of Multiple-Dwelling Units. In cases of single-site multiple-dwelling units, the grantee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and the dwelling unit where such installation is determined to be technologically and economically feasible, in agreement with the owners and/or an owner's association of the multiple-dwelling units. This section shall apply only to newly constructed buildings or unwired existing buildings. The grantee shall be required to install drop cables underground only if all other utilities are required to do the same at the time of installation.
(s) Rights-of-Way Occupancy.
(1) In any case where the grantee has the required written permission from the grantor not to underground its cable system facilities, the grantee shall utilize existing poles, conduits and other facilities whenever possible and economically feasible, and may not construct or install any new, different or additional poles, conduits or other facilities on public property until the written approval of the grantor is obtained.
(2) The grantee shall:
A. Locate and install all transmission lines, equipment and structures so as to cause minimum interference with the rights and reasonable convenience of property owners. However, the grantee shall retain the right to determine, because of technical feasibility and technical reliability, where, when, how and if equipment originally installed needs to be redesigned, reconfigured or relocated;
B. Keep and maintain all transmission lines, equipment and structures in a safe, adequate and substantial condition, and in good order and repair;
C. Employ professional care and install and maintain methods and devices for preventing failures and accidents that are likely to cause damage, injuries or nuisances to the public;
D. Use suitable barricades, flags, lights, flares or other devices as necessary for the safety of all members of the public;
E. Place any poles or other fixtures in any public right-of-way in such manner as not to interfere with the usual travel of the right-of-way or cause unsafe conditions of any sort; and
F. Comply with all local and State laws, rules and regulations pertaining to traffic control.
(3) The grantee may not make paving cuts or curb cuts unless absolutely necessary, and only after written permission and a street cut permit have been obtained from the grantor, under such conditions as the grantor shall in its reasonable discretion determine.
(4) The grantor may reasonably require conduit for underground cable in areas specified by the grantor, said conduit to be provided at the grantee's sole expense.
(5) Before beginning any excavation or other construction activity on a public right-of-way or easement which crosses or abuts any private property, the grantee shall clearly mark and delineate, with flags, stakes or non-polluting water-soluble spray paint, the boundaries of that public right-of-way or easement where it abuts or crosses the private property.
(6) In case of disturbance of any street, sidewalk, alley, easement, public way, grassed or paved area or any other public or private property, the grantee shall, at its own cost and expense and in a manner approved by the grantor, replace and restore such street, sidewalk, alley, easement, public way, grassed or paved area or any other public or private property to as good a condition as it was, or a better condition than it was, before the work causing such disturbance was performed.
(7) The grantee shall locate, mark and map any of its installed cable or the cable system for the grantor at no expense to the grantor. The cable shall be installed so that it can be detected by the use of standard locating devices.
(t) Completion of Work by Grantor. Upon the failure of the grantee to commence, pursue or complete any work required by law, by the provisions of the franchise agreement or this chapter (other than completion of construction or rebuilding of the cable system, which shall be governed by Section 814.30) or by any applicable permit, to be done in any public right-of-way or public utilities easement, within the time prescribed and to the reasonable satisfaction of the grantor, the grantor may, after notice to the grantee and an opportunity to cure, cause the work to be done. The grantee shall pay to the grantor the reasonable costs of the work in the itemized amount reported by the grantor to the grantee, within thirty days after receipt of the itemized report.
(u) Removal of Facilities. Upon receipt of written notice, the grantee, at its own expense, shall protect, support, temporarily disconnect, relocate or remove any of its property as necessary because of traffic conditions, public safety, street vacation, grade, separation or realignment or installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks or any other type of structure or improvement.
Nothing described in this subsection shall be considered a taking of the property of the grantee, and the grantee is not entitled to additional compensation because of these actions.
The grantee shall, on the request of any person holding a building moving permit issued by the grantor, temporarily raise or lower its wires to permit the moving of the building or buildings. The grantee may require reasonable advance payment for any such permittee prior to raising or lowering its wires.
(v) Stop Work.
(1) On notice from the grantor that any work is being prosecuted contrary to the provisions of the franchise agreement or this chapter, or in an unsafe or dangerous manner as determined by the grantor, or in violation of the terms of any applicable permit, laws, regulations, ordinances or standards, the work may immediately be stopped by the grantor.
(2) The stop-work order shall be:
A. In writing;
B. Given to the individual doing the work, or posted on the work site; and
C. Sent to the grantee by overnight delivery at the address given in the franchise agreement.
Further, such stop-work order may:
D. Indicate the nature of the alleged violation or unsafe condition; and
E. Establish conditions under which work may be resumed.
(w) Grantee's Contractors. The grantee's contractors shall be licensed and bonded in accordance with the grantor's ordinances and regulations and the requirements of all contractors working in the public rights-of-way. Any action or omission of a contractor of the grantee which violates any provision of the franchise agreement shall be considered an action or omission of the grantee for the purposes of this chapter.
(x) Private Property. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the grantee shall give reasonable notice to the property owners or legal tenants prior to entering upon any private premises, and said notice shall specify the work to be performed, provided that in the case of construction operations, such notice shall be delivered or provided, when possible, prior to entry. If any damage is caused by any grantee activity or omission, the grantee shall reimburse the property owner the reasonable cost of the damage or replace or repair the damaged property. For installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. In the case of an emergency (as defined above), the grantee shall attempt to contact the property owner or legal tenant in person and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law.
(y) Burial Standards.
(1) Depths. The grantee shall comply with the following burial depth standards, unless local ordinances or the National Electrical Code standards require a deeper minimum depth:
A. Cable drops from the pedestal shall be buried at a minimum depth of eight inches.
B. Feeder lines shall be buried at a minimum depth of eighteen to twenty-four inches.
C. Trunk lines shall be buried at a minimum depth of eighteen to twenty-four inches.
D. Fiber optic cable shall be buried at a minimum depth of eighteen to twenty-four inches.
(2) Timeliness. Temporary cable drops installed by the grantee to residences shall be buried according to these standards within two calendar weeks of initial installation. When freezing surface or other adverse weather conditions prevent the grantee from achieving such timetable, the grantee shall apprise the subscriber of the circumstances and the estimated time of burial in writing, and shall provide the subscriber, in writing, with the grantee's telephone number and instructions as to how and when to call the grantee to request burial of the line if the revised schedule is not met.
(z) National Standards. The grantor shall have the option of adopting any national standards for the installation of optic fiber hereafter promulgated or established.
(aa) Construction Standards.
(1) The grantee shall comply with all applicable grantor construction codes, including, without limitation, the Ohio Basic Building Code, the Residential Building Code of Ohio, the National Electrical Code, and the Electronic Industries Association Standard for Physical Location and Protection of Below-Ground Fiber Optic Cable Plant, zoning ordinances and permit procedures. The grantor may charge reasonable permit fees consistent with existing laws for upgrade construction of cable plant. To move the upgrade construction process along, the grantor agrees to process all applications, reviews, authorizations or consents pertaining to permits, zoning issues, authorizations and consents in a period not to exceed thirty days from written application or request to the grantor. If the grantor fails to do so within said period, said request, application, authorization or consent shall be deemed approved.
(2) All construction practices shall be in accordance with all applicable sections of Federal and State Occupational Safety and Health Acts, and any amendments thereto, as well as all State and local codes and standards, where applicable.
(3) All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Code, as amended, and all applicable State and local codes.
(4) Antenna supporting structures (towers) shall be designed for proper loading as specified in the Electronics Industries Association's R.S. 222-A specifications, as they may be amended from time to time. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state and local codes or regulations.
(5) Neither the grantee's plant and equipment, nor any work that the grantee performs, shall endanger or interfere in any manner beyond reasonable requirements, given the work the grantee is performing, with the rights of any property owner, or hinder or obstruct pedestrian or vehicular traffic.
(6) The grantee shall at all times employ professional care and shall install and maintain in use methods and devices to prevent failures and accidents which risk damage, injury or nuisance to the public.
(bb) New Residential Developments. In new residential developments in which all the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements:
(1) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire (or, pursuant to the terms and provisions of this chapter and any franchise agreement, may be required) to provide cable service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map shall indicate the cable operators that have agreed to serve the development.
(2) If one or two cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two operators indicate interest, the developer shall provide conduit to accommodate two sets of cable television cables and dedicate to the Village any initially unoccupied conduit. The developer shall be entitled to recover the cost of such initially unoccupied conduit in the event that the grantor subsequently leases or sells occupancy or use rights to any grantee.
(3) The developer shall provide at least ten working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have two working days to begin the installation of their cables and five working days after beginning installation to complete installation.
(4) The final development map shall not be approved until the developer submits evidence that:
A. It has notified each grantee that underground utility trenches are to open as of an estimated date, and that each grantee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
B. It has received a written notification from each grantee that the grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and the grantee, or has received no reply from a grantee within ten days after its notification to such grantee, in which case the grantee will be deemed to have waived its opportunity to install its facilities during the open trench period.
(5) Sharing the joint utilities trench shall be subject to compliance with State regulatory agency and utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating cable operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law.
(6) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching or other burial operation and associated costs and shall repair all property to the condition which existed prior to such trenching or burial.
(7) In the event that more than one franchise is awarded, the Village reserves the right to require clustering of pedestals with other utilities or franchisees.
(cc) Street Improvements. The grantor shall give grantees no less that forty-five days advance notice (or notice as soon as possible in cases of emergency) of street improvements or other activity which could affect the cable system, including, but not limited to, street or public rights-of-way excavation; construction repair; grading; traffic conditions; installation of sewers, drains, water pipes, power or signal lines or tracks; or vacation or improvement of public works.
(1) All such public works shall be done, insofar as possible, in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of the cable system. Nothing contained herein shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid interfering with cable system facilities while performing the public works.
(2) If any equipment of the grantee shall interfere with public works, then, upon receipt of the forty-five day notice, that part of the equipment of the grantee which interferes shall be removed or replaced by the grantee in such manner as shall be directed by the grantor so that the same shall not interfere with the public works as reasonably determined by the grantor, and the grantee shall bear the reasonable expense of such removal or replacement.
(Ord. 1997-5. Passed 5-6-97.)
(a) The grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, Federal Communications Commission technical standards and any standards set forth in its franchise agreement.
(b) Repeated and verified failure to maintain specified technical standards shall constitute a material franchise violation.
(c) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable local, State and Federal laws and regulations.
(d) All installation of electronic equipment shall be installed in accordance with the provisions of the National Electrical Safety Code and the National Electrical Code, as they may from time to time be amended.
(e) Antennae and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable local, State and Federal laws and regulations.
(f) All of the grantee's plant and equipment located within the franchise area, including, but not limited to, the antenna site, the head-end and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements that the Village may deem appropriate to make or to interfere in any manner with the rights of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(g) The grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(h) The grantee shall, at the grantee's expense, perform the following tests on its cable system:
(1) All tests required by the FCC;
(2) All other tests as otherwise specified in this chapter or the franchise agreement; and
(3) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of the franchise.
The grantee shall maintain written records of all results of its cable system tests, performed by or for the grantee. Such test results shall be made available to the grantor upon request within two weeks.
(i) The grantee shall submit to the grantor, upon written request, within sixty days after the activation of the new system, a detailed test plan describing the methods and schedules for testing the cable system on an ongoing basis to determine compliance with the provisions of the FCC technical standards. The tests may be witnessed by representatives of the grantor, and written test reports shall be submitted to the grantor upon written request. The grantee shall provide the grantor with thirty days notice of all required FCC tests. In the event of any FCC test failures, FCC procedures shall apply.
(j) At any time after commencement of service to subscribers, the grantor may require, where reasonable, additional tests, full or partial repeat tests, different test procedures or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating any unresolved controversy or noncompliance, and such tests shall be limited to the particular matter in controversy. The grantor shall endeavor to so arrange its request for such special tests as to minimize hardship or inconvenience to the grantee or the subscriber. Failure to perform such properly requested additional tests within thirty days shall constitute a material breach of the franchise agreement.
(Ord. 1997-5. Passed 5-6-97.)
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